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Terms & Conditions

Our booking conditions are as follows:- Booking Conditions for SEAFIELD COTTAGE, Benderloch, Argyll PA37 1SA.

To secure your booking with us we require a 20% deposit and the full balance of rental being paid 8 weeks before the start date of your holiday. Please ask us by email on how to transfer funds through internet banking if you prefer to pay by this method. We can also accept Paypal.

In these Booking Conditions "we", "us", "our" means the owners of Seafield Cottage. We, as owners of Seafield Cottage will arrange the booking directly with you. When you book Seafield Cottage through us you enter into a contract with us as owners of the property. Nothing in these Booking Conditions affects your normal statutory rights.

1. Your booking enquiry is always subject to availability.

2. The party leader must be at least 18 years of age at the time of booking.

3. The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party.

4. By making the booking, the party leader confirms that he/she is so authorised & that all other party members agree that the booking is subject to these Booking Conditions.

5. The party leader is responsible for making all payments due to Seafield Cottage.

6. When we as owners of Seafield Cottage issues a written confirmation (see below) to you, this signifies that we as Owners have entered into a contract with you, which is subject to these Conditions.

7. As Owners we maintain the right to refuse any booking prior to the issue of your written confirmation.

8. When you receive your confirmation, the details must be checked carefully by you & if anything is not correct, you should tell us immediately.

9 . Please note we will provide you with your written confirmation either by post, or by email.

10. If you book with us online, we will acknowledge receipt of your booking & then provide your confirmation to you by email.

11. If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking you would prefer it to be provided by email.

12. All references to "your written confirmation" therefore means confirmations provided by post, or by email as applicable. It is your responsibility to check your emails regularly & to advise of any change to your email address

PAYMENT - Paying for your rental at Seafield.

1. When you book Seafield Cottage you should pay the amount of the 20% deposit  by sending us the funds by bank transfer (in which case please email us for our bank details and we will send them to you) or a cheque to us at The Grove, Lyncombe Vale Road, Bath, BA2 4LR once you have checked that the booking can be confirmed with availability of the dates your require.

2. With a holding deposit in place, we will then send you written confirmation as soon as reasonably possible by email showing your booking details & the balance of your total holiday cost which must be received by the us no less than 8 weeks before your arrival date at Seafield Cottage

3. If you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway.

4. Prices of the holiday weeks are subject to variation, but please do check with us at the time of booking your holiday prices.

5. If you cancel your booking, you must also pay all other applicable cancellation charges as detailed below. It is important that you are fully aware of our cancellation policies so we ask that you refer to the sections on Cancellations (lower down) for full details regarding cancellations and with your booking it will be understood that you accept these conditions.

6. If any payment you make to us is not honoured for any reason whatsoever (i.e. bounced cheque), we will be entitled to make an administration charge of £25.

7. If any payment due in relation to your booking is not paid by the appropriate date, we will assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date.

Arrival at Seafield Cottage.

1. You can arrive at Seafield Cottage at any time after 3.00pm (unless advised otherwise, for example on your confirmation) on the start date of your holiday rental & you must leave by 10.00am on the last day. We require that you contact our keyholder (local manager) AT LEAST TWO DAYS PRIOR TO YOUR ARRIVAL so as to be sure that you can establish contact with her.  You will have been sent by email her telephone number on final payment of your holiday booking. When you make contact, please ensure that she has your mobile phone details and please advise her of an approximate time of your arrival. If you are running very late, we ask that you call her again on the day to advise her.  If you can't get hold of her please Text or SMS her and she will respond within half a day.

2. If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, please also advise the keyholder so that alternative arrangements can be made if you do not know how to enter the cottage. If you fail to do so, you may not be able to gain access to the property.

3. If you fail to arrive by 12 noon on the day AFTER the start date of your holiday rental & you do not advise the keyholder, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.

4. You & all members of your party agree both to keep the property clean & tidy & to leave the property in a similar condition as you found it upon your arrival.

5. You & all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us.

6. You are responsible to us at Seafield Cottage for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you &/or any members of your party, & we ask that you let us have a list of breakages so that we can secure from you monies to replace the items.

7. We will be entitled at our absolute discretion to ask you to leave the property if we believe that breakages to the property, fixtures & fittings, furnishing & decorations are unreasonable. These circumstances will be treated as a cancellation of your holiday stay.

8. You also must not allow more people than we stipulate – (i.e. 8 people) to occupy Seafield cottage nor take any pets into the property unless this has been arranged in advance & is shown on your confirmation.

9. If you do any of these above mentioned things, we can refuse to hand over the property to you, or can repossess it & if we do – then this will be treated as a cancellation by you.

10. In these situations no refund of any monies you have paid in respect of your booking will be made & we will no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you).

11. We will also not be obliged to find any alternative accommodation for you.

12. If you have obtained advance permission to bring a dog with you, it is not allowed on any beds or furniture. Pets should not be left unattended in the property, & dogs should be kept on a lead in the garden & especially when walking in the hills.

13. Registered guide & support dogs belonging to those with visual & hearing impairments are allowed.

14. Customers with allergies should be aware that we cannot guarantee that a registered guide &/or support dog has not stayed in our cottage & nor can we accept any liability for any suffering which may occur as a result of such animals having been present.

15. You must allow us (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly & you cannot be contacted in time - in these situations we will be entitled to enter the property at any time without giving you prior notice).

CANCELLATION CHARGES OR CHANGES to your booking by us.

1. Once everything is confirmed we would not normally expect to have to make any changes to your booking, but occasionally problems occur & bookings have to be changed or cancelled.

2. If this does happen, we will contact the party leader (by telephone or email where reasonably possible in the case of a significant change or cancellation - minor changes will be notified by post & phone) as soon as is reasonably practical, explain what has happened, & inform you of the cancellation or change.

3. If a significant change has to be made (& the change is not acceptable to you) or your booking has to be cancelled, we will, if possible & as soon as reasonably practical, offer the party leader an alternative list of properties that we know of in the area that he/she can choose from & make their own alternative arrangements.

4. If you do not wish to accept the alternative list we suggest to you, you may prefer to choose other available alternatives & make your own arrangements in which case please do let us know.

5. If you do not wish to accept a significant change or any alternative list of cottages offered you will be entitled to cancel your booking & receive a full refund of all monies paid to us.

6. So as to keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by telephone/email in the case of a significant change or cancellation & you are required to do the same.

7. The party leader should tell us as soon as reasonably possible whether you wish to accept any change or alternative list of cottages suggested, or alternatively whether you want a refund.

8. In the unlikely event that the party leader fails to tell us that you wish to accept any change or alternative property we will be entitled to assume you wish to cancel your booking & receive a full refund of all monies paid to us.

9. Please note the above options are not available where any change made is a minor change. A minor change is a change which, taking into account the information you gave at the time of booking or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed booking & circumstances beyond our control i.e. (Force Majeure)

10. Except where otherwise expressly stated in these Booking Conditions, we shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by us to perform or properly or promptly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) beyond our reasonable control. (referred to as "force majeure" in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence by us) & all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) we will, however, refund to you all monies paid to us by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by ourselves to you.

11. Web details at www.cottagenearoban.com aims to ensure that the information provided by us to you is accurately conveyed. However, the information & prices in on the website & elsewhere may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of our marketing material & prices at the time of publishing changes & errors occasionally occur.

12. It is incumbent on you therefore ensure you check all details of your chosen holiday week/s & arrangements (including the price) with us at the time of booking.

13. There may be small differences between the actual property & its description, as we are always seeking to improve services & facilities. Occasionally, some problems could mean that some facilities or services become unavailable or subject to restriction, such as power outages – which understandably are beyond our control. If this happens, as party leader we trust that you will take practical common sense action to work around the situation. There are, for instance, two torches in the Cottage to provide for this unusual occurrence.

14. However, we will not accept responsibility for any changes or closures to area amenities or attractions mentioned in any of our marketing promotional material by other holiday advisers or advertised elsewhere.

15. We have undertaken all reasonable efforts to ensure that information supplied to you in relation to the Seafield Cottage or its facilities &/or services is accurate & complete as at the date given.

16. We will, however, use our best endeavours to notify you of any changes to or inaccuracies in any information contained in our material as soon as we become aware of the change or inaccuracy.

LIABILITY

1. We, as owners of Seafield Cottage, shall have no liability for any death or personal injury unless this results from our proven negligence. It is incumbent on you & your party to take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, such personal property except where the damage or loss is caused by our proven negligence.

CHANGES OR CANCELLATION OF YOUR BOOKING by you.

1. If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed.

2. Where changes can be made an administration fee of £25 will be payable (once any change has been made) together with any other resulting costs (for example any variation in price).

3. However, it is important to realise that a change of dates MAY have to be treated as the cancellation of one booking & the making of another.

4. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. If this is the case we will advise the party leader when the change is requested. The party leader must then inform us as soon as reasonably possible whether you still wish to change your booking.

5. If you advise us that you do or the party leader fails to contact us as soon as reasonably possible, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by telephone & you are required to do the same.

6. If you have to, or wish to, cancel your booking, the party leader must telephone us on 01225 484 282 or mobile 07899 757 655 as soon as possible. The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to us at the address shown on the website or by email & for you to check the email has been opened. The day we receive your telephone/email notification of cancellation is the date on which your booking is cancelled.

7. Depending on your reason for cancellation, you may receive a refund of all monies you have paid to us for your booking excluding any amendment charges we have already incurred.

8. We will also retain a cancellation administration fee of £50 per week or per part week per booking.) Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. Note: All prices are for the entire property & not on an individual basis. To qualify for a refund your reason for canceling must be one of the following, must apply to a member of your party, & with the exception of pregnancy must have occurred after you booked your holiday & must prevent you from taking your holiday. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home - Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your holiday or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source); or compulsory quarantine.

9. You may also receive a full refund from your own holiday insurance policy if you are unable to reach your holiday destination due to snow or flood conditions or as a result of being involved in an accident en route

If notification of a cancellation is received by us we will be entitled to retain part of the amounts received (as a cancellation charge) as follows:-

• More than 60 days before holiday arrival date 20% deposit

• 30-60 days before holiday arrival date 50%.

• 15-30 days 75%

• 1-15 days 90%

• On or after arrival date 100%  (ie forfeiting the total holiday cost) So please be sure to have made arrangements for your own adequate travel insurance BEFORE YOU BOOK.

Complaints

1. Every effort has been made to ensure that you have an enjoyable & memorable holiday. If, however, you have any cause for complaint we are anxious that remedial action is taken as soon as possible.

2. It is therefore essential that you contact us immediately if any problem arises so that it can be speedily resolved. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway.

3. It is often extremely difficult (& sometimes impossible) to resolve difficulties properly unless we are promptly notified.

4. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.

5. If you cannot make contact with us, or if you remain unhappy with our response, & you feel that the problem has not been resolved to your satisfaction, then the party leader must, within 30 days of returning from your holiday rental, put your complaint in writing to us & we will do our best to resolve the situation.

Communicating With You

1. For the purposes of the Data Protection Act 1998, Seafield Cottage is the sole data controller of all personal data provided to us by customers & prospective customers. In order to process your booking we need to collect certain personal details from you, for example names & addresses of party members, and payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements.

2. If we need any other personal details, we will tell you before obtaining them from you. We may need to pass on your personal details to the companies & persons who need to know them so that your holiday rental can be properly provided (for example the cleaner & any key holder(s) of such property other suppliers.

3. We also need to process & store your personal details for our own administration, market analyses & operational reviews. We would also like to store & use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions & offers which we feel may be of interest to you).

4. All details you give to us at any time will be kept on file - but only names, contact details & any booking preferences.

5. If you do not wish to receive any or all of the communications set out in this Section, then please let us know as soon as possible by telephone, letter, e-mail or fax.

6. We are entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to us or subsequently. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to it as set out above unless you agree otherwise.

Law

1. The contract between you & ourselves is subject to English law & no other.

2. It is agreed that any dispute you may have with us will be dealt with by the Courts of England & Wales only unless you live in Scotland l& or Northern Ireland & in which case proceedings may be brought in the Courts of Scotland & or Northern Ireland respectively.

3. Your statutory rights are not affected by anything contained within these Booking Conditions.